Claremont Institute

Federalism

Montana Shooting Sports Association v. Holder (2013)

Whether the intrastate manufacture and sale of firearms is beyond the scope of Congress’s power to regulate interstate commerce, including federal manufacturing and licensing requirements.


Kobach v. Election Assistance Commission (2014)

Whether the acting executive director of the federal Election Assistance Commission (EAC) has the discretionary authority to deny a state’s request to include state-approved, proof-of-citizenship language on a federal voter-information form.


Latta v. Otter (2014)

Whether three of Idaho’s laws that variously recognize only marriages between a man and a woman, a second that provides no mechanism for recognizing the validity of out-of-state, same-sex marriages, and a third law banning the legal recognition of same-sex marriages in general, violate the Due Process and Equal Protection clauses of the 14th Amendment.


Kitchen v. Herbert (2014)

Whether the three provisions of Utah law prohibiting marriage between members of the same sex and defining marriage as a union between a man and a woman violate individual rights guaranteed under the Due Process and Equal Protection clauses of the 14th Amendment. Therefore, whether Utah must issue marriage licenses to same-sex couples and recognize out-of-state marriage licenses of same-sex couples.


Obergefell v. Hodges

Whether homosexuals have a fundamental right to marry under the 14th Amendment, and thus whether the Supreme Court can order states to issue gay marriage licenses and to recognize out-of-state gay marriage licenses, despite state laws or amendments to the contrary.


Bond v. United States (2014)

On the question of justiciability, whether a person indicted for violating a federal statute has standing to challenge the law on grounds that Congress exceeded its powers under the Constitution, intruding upon the sovereignty and authority of the states in violation of the 10th Amendment. The Supreme Court ruled on this issue in the first Bond case in 2011. On the question of the merits of the case, whether a federal statute, enacted by Congress to implement an international treaty, can be used to charge American citizens with what otherwise would be purely local crimes. In other words, whether the president, in exercising his power to make treaties with the consent of the Senate, can increase Congress’s enumerated powers to legislate on domestic matters. The Court ruled on this issue in the second Bond case in 2014.